To win a disability claim, you need to have medical evidence that shows your condition is severe and limiting your ability to work. You also need to prove that your condition is a disability that can be found in the Social Security Administration’s Blue Book of Disabling Conditions, which lists impairments that are considered eligible for disability benefits.
How to Claim Disability
In order to claim disability, you need to file an application for Social Security disability benefits at your local office of the SSA. This includes providing a completed claim form and medical documents. It also takes time to process your claim.
You can also appeal your initial claim if it is denied. If your claiming disability is approved, you will receive monthly benefits. If your claim is denied, you can ask the SSA to reconsider your decision and review your case again to see if they missed any important details.
The SSA’s definition of disability is very strict, and it only covers the most serious medical conditions. You must show that your condition has lasted or will last a year, or it will result in death, to be eligible for disability benefits.
A disability is a physical or mental disorder that substantially limits your ability to do basic work-related activities. The condition must be expected to last a year or longer, or it is a disabling illness that will cause death within one year of diagnosis.
When evaluating a disability claim, DDS tries to obtain medical evidence from the claimant’s treating sources first. However, if that isn’t enough to make the determination, DDS will arrange for a consultative examination (CE) by a physician or psychologist to gather additional information.
DDS then determines whether the individual is disabled. If DDS determines that the person is disabled, it will notify the claimant of the disability determination and explain the rights and obligations that come with it.
Often, disability is difficult to define. For example, chronic fatigue syndrome may not be apparent and is not always easy to diagnose. Other disabilities, like environmental sensitivities or seizures, are episodic and can flare up from one day to the next.
The ADA’s definition of disability is also very broad and covers both short-term and long-term disabilities. The law defines a disability as any physical or mental disorder that “substantially limits” your ability to perform your job.
If you have an ADA-covered job, it is important to check your company’s policies and practices to ensure compliance. These policies and practices can also affect your employer’s response to your request for a reasonable accommodation.
You can also file for an administrative hearing if your disability claim is denied. At this hearing, an independent hearing officer will evaluate your case and decide if you are entitled to benefits.
Your attorney will help you with a variety of aspects of your case, including obtaining evidence and presenting it to the hearing officer. He or she will also help you prepare for the hearing. Typically, your lawyer will meet with you in person or over the phone to go through your medical records and highlight what issues remain that need to be examined further.